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2017 Supreme(Mad) 231

G.JAYACHANDRAN
Muniammal (died) – Appellant
Versus
Lakshmi – Respondent


Advocates Appeared:
For the Appellants : A.K. Kumarasamy
For the Respondents: Niranjan Rajagopalan, M/s. G.R. Associates, S. Saravanan

Judgment :

1. These two appeals are arising out of two suits in which, one suit in O.S.No.177 of 1987 filed by Muniammal and Backiam against Lakshmi and others for declaration that the settlement deed dated 17.10.1984 registered as document No. 3953 of 1984 in respect of 'A' and 'B' schedule properties as null and void and to declare that the plaintiffs are entitled for possession and enjoyment and another suit in O.S.No.224 of 1989 filed by Lakshmi and others against Muniammal and others for partition and separate possession.

2. For the sake of convenience, the parties are described as per their rank and status shown in the original suits.

3. The brief facts leading to the second appeals are as follows:

'A' schedule property in the suits was allotted to one Kandasamy during the partition among the brothers and he was in possession and enjoyment of it till his death in the year 1982. He died intestate and after his death, the first defendant Lakshmi (O.S.No.177 of 1987), who is the wife of Kandasamy along with her three children, who are the defendants 2 to 4 namely, Selvi, Savithiri and Gandhimathi; and Ramayee ammal, the mother of Kandasamy are jointly enjoying the 'A' schedule prope























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